This Article examines the conflict between the proposed extension of resource fishery zones and its potential interference with the freedom of navigation. The author analyzes the various policies in support of each side, with particular attention to the decisions and principles of conventional and customary law and special reference to provisions of the Convention. The author also examines various proposed measures in light of these legal decisions and principles. The author concludes that only limited authority to affect navigation should be recognized and that this right should be reserved to developing States that have special dependence on fisheries for their economic development, but which lack enforcement capabilities.
William T. Burke,
Exclusive Fisheries Zones and Freedom of Navigation,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol20/iss3/7